Candler v. Cromwell
Mississippi Supreme Court
Appeal from the circuit court of Alcorn county. Hon. J. H. Mitchell, Judge. Suit by M. A. Candler against King Cromwell et al. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. This trust deed does not show that it is given to secure future advances; but even though it did, it could be security for no more future advances than fifty dollars, the sum stated.
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Appeal from the circuit court of Alcorn county. Hon. J. H. Mitchell, Judge. Suit by M. A. Candler against King Cromwell et al. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. This trust deed does not show that it is given to secure future advances; but even though it did, it could be security for no more future advances than fifty dollars, the sum stated. “A trust deed to secure future advances is good to the extent of the amount specified when the advances are actually made.” 28 A. and E. Ency. of Law (2 Ed.), page 754. “When future…
1Opinion of the CourtMaxes, C. J.
Briefly stating this case, it is about as follows: In 1908, M. A. Candler recovered a judgment against King Cromwell for seventy-two dollars and twenty-three cents in a justice of the peace court. In November of that year, the judgment was enrolled in the office of the circuit clerk of Alcorn county, in compliance with sec*168tion 2742 of the Code of 1906, and became a lien on all the property owned by King Cromwell, if he owned any. On March 28, 1910, King Cromwell executed a mortgage to one C. Ayers, with W. B. Wilson as trustee, on all live stock and on all crops of corn and cotton to be grown…
2Cases cited7 opinions
- Witczinski v. EvermanMississippi Supreme Court · 1876
- Cayce v. StovallMississippi Supreme Court · 1874
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- Foute v. FairmanMississippi Supreme Court · 1873
- Cooper v. TurnageMississippi Supreme Court · 1876
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- In re PurvisDistrict Court, S.D. Mississippi · 1923
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